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HomeMy WebLinkAbout08/19/1991 City Council 00408 :. · :~, - r , , : ~, ,MINUTES OF THE CIT¥:,~OUNCIL MEETING,' ~: .! ~., HELD ON ' ' , -:.. ':' ~UGUST 1'9,' li991 The Regular Session of the City Conncil.of:the City of:,T'he: Co~lony;., Texas was called to order at 7:00 p.m. :on;.~tk-e~ l.-9-t;h da'y~:of-'August, 1991, at City Hall with the following Council roll call: William W. Manning, Mayor Absent Mike Lynch, Councilman Present z: : :., ~" Bi'lly Sharp,, Counci.~man ' . ::~.,' ~ :."~ ~P~e.s'en'~'. Dale Therio, Councilman Present -~,, 9,~ .... Rob Burchard~ Councilman Present Lou Gomez, Councilman Absent Joel Marks, Mayor Pro-tem Present and with five present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. WORK SESSION TO RECEIVE AND DISCUSS A PRESENTATION FROM THE CABLE ToV. COMMITTEE REGARDING THE BROADCAST OF COUNCIL MEETINGS Councilman Therio stated the Cable T.V. Committee has been trying to secure Public Access coverage of the Council Meetings. The Councilman briefed t,he ~ounc.il' on what~ w-i:ll ~e involved in preparing for broadcast of council meetings on Channel 18, and provided a list of- ,the :equipment needed. Mr. Hall said the list had been given to Larry Bryant, manager of TCI Cable Co. who said that., shpgld ba no ~roblem. ,. 'Councilman Therio sai,d :th~; cable company ,will: ~ro~,ide. the equipme,n,t, per the.franchise agre&,ment and w.e~t :a-n to say :he .hopes the~ act.uai taping.;of the ~maetings 'will be done by volunteers. The Councilman also said repairs shoald be made by the cable company. 3. CITIZEN INPUT Dick Weaver, 4940 Hackney, complained about the $1.65 surcharge added to all utility bills in the City, stating the whole city should not have to pay for the sewer improvements in the Eastvale subdivision when the people living in that area don't have to pay for it. 7:]4 Recess 7:30 Reconvene 3. CITIZEN INPUT 00408 , Melvin Turner, 5309 Sutton Place, thanked the city for the work done to improve the drainage ditch, but is concerned that the city did not have plans, surveys or get federal approval. Mr. Turner ask if there are plans for a retention wall of concrete or sod to ensure no mor~ erosion occurs. Mr.--Hail wi~tl respon-d.. ' ~ ~ 4. CERTIFICATE OF APPRECIATION.TO .BEN MILLER Mayor Pro-tem Marks read the certificate in it's entirety as follows: CERTIFICATE OF-AP.P~£~CIA~ION ~, ; presented to Ben Miller for his honesty and integrity, displayed when he found a wallet on the street. He turned the wallet in to the Police Department, who subsequently'returned ~the wallet to the owner, with all contents in tact. People such as Ben are what make The Colony a very special place. Ben Miller was present to accept the certificate. 5. PUBLIC HEARING ON APPLICATION OF MS. ELIZABETH WARD FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED SINGLE FAMILY, SEEKING TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY~AMENDED~SO AS TO'GIVE THE FOLLOWING DESCRIBED PROPERTY A SPECIFIC USE PERMIT FOR THE OPERATION OF A DAY CARE .F.ACILITY 59]3 MAGES DRIVE Motion to open the Public Rearing - Lynch; Second - Therio Motion carried - All Ayes Mr. ,Bob van Til said Mrs. Elizabeth Ward has requested., a Specific Use-Permit (S.U.P.) to operate a day care in her home at 59]3 Mages Dr. Mr. van Til noted that per the definition of a-. day care facility in Appendix A-Zoning of the Code of Ordinances, and due to the fact that Mrs. Ward is acquiring a State license to keep more than 4 children she qualifies as a day care and will need a S.U.P to operate the facility in her home. Mr. van Til stated this is also considered as a home occupation, noting it ~is allowled provided she complies with the regulations. Mr. van Til said the State regulates in-home day care by requiring our Health Director to inspect the home on an annual basis as well as their own annual 4 inspection. Going on Mr. van Til advised 15 notices were sent out prior to the Planning and Zoning hearing, five of which were returned, with only 1 of those against. The Planning and Zoning Commission does recommend approval. Mrs. Ward was present and fielded questions from the Council regarding number of helpers, number of children and their ages. Mr. Hall advised that if the SUP is granted but Mrs. Ward do~es not obtain the license, the SUP will remain in force for that particular address, going on to remind the Council that Mrs. Ward could still keep up to 4 children without the SUP or the State license. Mrs. Ward said that without the SUP she cannot operate a day care and that she feels it is important to be licensed, noting the requirements are strict - she must be certified in CPR and First Aid, and that she will be monitored b~ t~ State several times throughout the year. She also noted she :must be trained which means 20 clock hours in child development classes per year, noting she took 18 hours in college. Mrs. Ward briefed the council on the difference between being registered and being licensed. ' ' Another resident asked if granting this SUP will set a precedent. Mr. van Til said currently the City is only requiring SUP's· for licensed facilities. Mr. Hall did state the State guidelines regarding day care facilitie's should be adopteo by ordinance. Motion to close the Public Hearing - Sharp; Second - BurChard Motion carried - All Ayes 6. PUBLIC HEARING ON APPLICATION OF MR. JIM BUTLER FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED GENERAL RETAIL, SEEKING TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A SPECIFIC USE PERMIT FOR THE OPERATION OF A PRIVATE CLUB 7204 MAIN STREET Motion to open the Public Rearing - Lynch; Second - Burchard Motion carried - Ail Ayes Mr. Bob van Til said Mr. Butler has requested a S.U.P for a private club at 7204 Main Street. Mr. van' Til s~id the application stated this would be a country and western dance hall/lounge/fast food service establishment and per the local option election held in the City of Eastvale in 1978, the only way Mr. Butler can sell alcohol is to operate a private club. During the Planning and Zoning hearing, there were concerns about parking and Mr. Butler said cars could be parked down the street on the corner of East Lake ttighland and Main Street. Also during 'the P'lanning and Zoning hearing, Mr. Butler Changed the request to operate a restaurant, rather than a bar. Mr. van Til 5 UU408. : said regardless of the user this property will require a SUP to sell alcohol. Planning and ~ Zoning recommends denial of this request. Mr. van Til noted that this Public Hearing is for the request of a bar/lounge, not a restaurant, and if Mr. Butler indeed changes his plans, then a new application for SUP will have to be made. Mayor Pro-tem Marks stated this is not the same plan that went before P & Z nor is it the same as what was mailed to residents. Resident~ Marcus DuPriest, 4638 Jenkins lives across from the property in question and voiced concerns regarding signs, noises, foot traffic through his yard~ trash, property values~ fights and impact on police. Mildred Woodruff, 7135 Elm St., has lived behind the property since 1967 and doesn't want a club 40 feet from her back door. She is very much against this request. Claudia Finlaw, 7208 Main Street lives next door to the building with her husband and 4 children. She said if this is approved she will have to leave The Colony. Mayor Pro-tem Marks said he will not make a recommendation, but said this should have been done more professionally. Mr. Bolden, realtor said the original drawing was done by the manager, and now a professional plan has been drawn, going on to say that after a survey, it was decided a bar would not be financially sound, but a restaurant would. Mr. Bolden said he understands the residents feelings, but reminded them they do live in a commercially zoned area. There followed lengthy discussion regarding the request, experience of the owners in restaurant business. Hotion to,close the Public Hearing - Lynch; Second - Burchard ~otion carried - All Ayes 9. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES~ APPENDIX A-ZONING~ GRANTING AND APPROVING A SPECIFIC USE PERMIT ON THE BELOW DESCRIBED PROPERTY~ PRESENTLY ZONED AS GENERAL RETAIL FOR THE OPERATION OF A PRIVATE CLUB Mayor Pro-tem Marks read the caption of the ordinance as follows: AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY~ TEXAS~ ORDINANCE NO. 61~ AS AMENDED~ PASSED AND APPROVED ON JUNE 4~ ]979~ THE SAME BEING APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY~ TEXAS~ BY GRANTING AND APPROVING A SPECIFIC USE PERMIT FOR A PRIVATE CLUB IN THE GR~ GENERAL RETAIL DISTRICT, AND LOCATED WITHIN THE AREA OF THE STRUCTURE DESIGNATED ON THE SITE PLAN ATTACHED AS EXHIBIT "A" AS A SIXTY FEET (60') BY EIGHTY FEET (80') AREA; LOCATED AT 7204 MAIN STREET;PROVIDING CERTAIN CONDITIONS OF APPROVAL; REQUIRING COMPLIANCE WITH THE SITE PLAN; CORRECTING THE OFFICIAL COMPREHENSIVE ZONING ORDINANCE; 6 00408o PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGE AND AMENDMENT HEREIN MADE; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR NOR-MORE 'THAN. ONE '.~ : THOUSAND DOLLARS FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY' 'AND PROVIDING AN EFFECTIVE DATE Motion to deny request for 7204 Main Street Specific Use Permit due to P & Z recommended denial. - Sharp; Second - Therio Motion carried - Unanimous roll call vote. 7. PUBLIC HEARING REGARDING THE MUNICIPAL BUDGET FY 199]-]992 Motion to open the Public Hearing - Therio; Second - Lynch Motion carried - All Ayes Mr. Bill Hall said per our Charter, a public hearing must be held to allow citizens input regardin~ t'he proposed budget, going on to say the budget will be finalized before October 1, ]99]. Mr. Hall noted the budget was presented to the Council on July ]5, ]991, then reading~ the budget~ letter w~th an' amendment. Mr. Hall said the expenditure projections for the Utility Fund are under 6% for 90-9] and under 4% for the General Fund. Mr. Hall said the 9]- 92 budget reflects a 2% increase, noting we have tried to keep expenditures in line and maintain the same level of services. Councilman Lynch said he would like to look into personnel services at the Library and the hours of operation, as well as the pool. He said he doesn't think there should be a profit at the pool, but thinks ~the fees need to be addressed. The Councilman would also like to address, stree.ts. Councilman Sharp also expressed concern over the Library staff and hours. Dick Weaver, 4940 Hackney asked if this budget is based on the assessed value as of July and what the certified tax roll is. Mr. Hall said the budget was based on $490 million projection in July and the tax roll came in at $5 million plus. Mr. Weaver said the council should be concerned about reducing the portion of taxes going to the utility department when they always say the water department is ] million in debt. Mr. Weaver asked for an expenditure vs revenue sheet and Mr. Hall said it is not complete but one will be provided when it is done. Mayor Pro-rem Marks said the first work session on the budget is set for August 2], ]991 at 7:00 p.m. Motion to close the Public Hearing - Lynch; Second - Therio Motion carried - All Ayes 8. CONSENT AGENDA A. CONSIDERATION OF THE APPROVAL OF THE MINUTES FOR THE 7 004080 COUNCIL MEETING HELD AUGUST 5, 1991 Motion to approve as written - Burchard; Second - Sharp Motion carried - Unanimous Roll Cal. 1 Vote. B. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES, APPENDIX A-ZONING, GRANTING .AND.. APPROVING A SPECIFIC USE PERMIT ON THE BELOW DESCRIBED PROPERTY~ PRESENTLY ZONED AS SINGLE FAMILY FOR THE OPERATION OF A DAY CARE FACILITY 5913 MAGES DRIVE Motion to approve - Burchard; Second - Sharp Motion carried - Unanimous Roll Call Vote C. CONSIDERATION OF A CHANGE ORDER IN THE AMOUNT OF $9850.00 ON THE CONTRACT WITH DAL-MAC CONSTRUCTION CO. FOR THE CONSTRUCTION OF THE ANIMAL SHELTER Motion to approve - Burchard; Second - Sharp Motion carried - Unanimous Roll Call Vote D. CONSIDERATION OF A CHANGE ORDER IN THE AMOUNT OF $427675.00 ON THE CONTRACT WITH ATKINS BROTHERS CONSTRUCTION FOR THE CONSTRUCTION OF THE SANITARY SEWER SYSTEM IN THE EASTVALE SUBDIVISION Motion to approve - Burchard; Second - Sharp Motion carried - Unanimous Roll Call Vote E. CONSIDERATION OF AN ORDINANCE AMENDING THE ENGINEERING DESIGN MANUAL AND STANDARD CONSTRUCTION DETAILS FOR PUBLIC WORKS~ RELATING TO WIDTH OF SIDEWALKS Motion to approve - Burchard; Second --Sharp Motion carried - Unanimous Roll Call Vote ......... F. CONSIDERATION OF A RESOLUTION SUPPORTING LEGISLATION ALLOWING HOME RULE MUNICIPALITIES TO REGULATE POSSESSION OF OPEN ALCOHOLIC BEVERAGE CONTAINERS WITHIN DESIGNATED PORTIONS OF A CITY Councilman Burchard asked about the "designated portions" of a city in Section 1. Mr. Hall said that would be determined by each city. Mayor Pro-tem said this is to support legislation which would allow cities to limit alcohol in certain areas. Motion to approve - Burchard; Second - Lynch Motion carried - Unanimous Roll Call Vote 10. COUNCIL COMMITTEE REPORTS 00 108 ,, Councilman Therio reported that the Animal Advisory Committee met on August 8, and will be presenting some suggestions regarding the shelter to the City Manager. Councilman Burchard said he and Councilman Lynch have formed a committee to look into the Eastvale situation, due to citizens asking for help in addressing some of the code violations. Mayor Pro-tem Marks said the Mayor has asked all Council to review the Landscape Ordinance. CITY'MANAG'ER'S REPORT '.' . . · 1. Tommy Turner, gave an update of the Eastvale' sewer project, stating they are moving as expected. They expect to be at Fire Station No. 3 by the end of the week. The road bore is being done now. The underground gas tanks are scheduled to be moved this Wednesday. Police and fire have been notified. 2. Land Leases - there were concerns expressed at the last meeting regarding some of the leases. The news article generated concern from the lease holders. There are currently 4 leases; 1 on Queen Cir and 3 on Holden Cir. Mr. Hall said he proposes to have the Inspections Department visit each lease property and document any violations found (All are under the same guidelines) and then pursue to get back into compliance. Councilman Sharp asked if no lease has been signed. Mr. Hall said there is only one and they have said they will not sign a lease, so therefore the violation will be against the City Code because it is on City property. Mr. Hall said nothing has been done toward selling the property, which would take Council approval. He said there is one lease up for review in November 1991. Mayor Pro-tem asked about the time frame for compliance. Mr. Hall said if in violation and they have been notified by certified mail and the prescribed time has passed, they can be cited tomorrow. All council agreed to handle as Mr. Hall suggested. Councilman Burchard said regarding the unsigned lease, that he thought the City was to correct the metes and bounds and both parties agreed. Mr. Hall said that was agreed to by both attorneys, however~ the lease has been sent by certified mail three times and returned each time unopened. We have been told the party will not sign the lease. With no further business to address, Mayor Pro-tem Marks adjourned the meeting at 9:34 p.m. APPROVED: Joel -tem ATTEST: Patti A. Hicks, CMC City Secretary ~Tur~,,~~he Texas Open Meetings Act, Vernon'~ Statut consid held on suc ' o en session lO